Terms of Use
Effective Date: April 1, 2021
Full disclosure of terms of use
LatinCredits.com Terms of Use
These Terms of Use, together with the LatinCredits.com Privacy Policy, establish the terms and conditions ("Terms") that apply to a user to access and navigate to purchase products and services on all LatinCredits products and services. com (collectively, the “LatinCredits.com or LatinCredits Services” or “Services”), which are available through our website, including but not limited to www.LatinCredits.com, as well as through certain downloadable mobile applications (collectively, the "Site"). "LatinCredits" includes LatinCredits.com LLC. and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents. LatinCredits Services are intended for US residents only and may include, but are not limited to, free credit scores; access to third party rewards programs; platforms that allow users to locate and contact as third-party US financial services, as well as professionals, such as third-party experts, advocates, but never provide financial advisory or advisory services. LatinCredits will only provide various services; discussion forums, community forums, bulletin boards, review services and forums where users can ask questions of outside advisers in the credit markets; and platforms that allow users to request prequalification for certain credit card or loan offers.
By using or accessing the LatinCredits Services, you agree to these Terms, which are periodically updated in accordance with Section 8 below. Because LatinCredits provides a wide range of services, we may ask you to review and accept the supplemental terms that apply to your interaction with a specific product or service. These Terms state that any dispute between you and LatinCredits must be resolved in binding arbitration or small claims court and that you waive the right to participate in any class action lawsuit. You can opt out of arbitration and class action waiver by following the procedures in Section 12.G below.
To use some of the Services, you may need to provide information such as credit card numbers or bank accounts to third parties. For more information, see our Privacy Policy.
1. Registration and account security. To use the Services, you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register and use the Services in accordance with each and every one of the applicable laws and regulations.
a) Account registration. To access some features of the Services, you may need to register for an account. When you sign up for an account, we may ask you to provide us with certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a username and password ( "Registration Information"). By registering and maintaining an account, you agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with another person, use false information, or hide your identity from LatinCredits for any purpose.
b) You are responsible for your account. You are solely responsible for maintaining the confidentiality and security of your password and other registration information. For your protection and the protection of other users, we ask that you do not share your registration information with anyone else. If you share this information with someone, we will consider that their activities have been authorized by you. If you have reason to believe that your account is no longer secure, you must notify us immediately at support@LatinCredits.com.
2. Specific requirements for certain services. Your use of the Services constitutes your acknowledgment and acceptance of the following specific requirements and terms of use for some of the LatinCredits Services.
a) Prequalified for a loan. Loan Prequalifiers are based on many third-party platforms that allow users to submit a request to be matched with one of LatinCredits' loan provider partners to pre-qualify for certain loan annual percentage rates ("APRs"), and requires registration. of a user account in our provider and the third party. To offer you a prequalified loan, Loan Provider Partners need your consent to use and accept electronic signatures, records, and certain disclosures. Check the terms and conditions of LatinCredits' prequalified loan providers, as well as the privacy policy, before making a final decision.
b) Free credit score. LatinCredits provides members with free access to its Smarcredit platform or any other future digital / online credit platform to obtain their score and credit report ("Credit Score"). To access your credit score, you must provide LatinCredits with the following credit withdrawal authorization:
I. I hereby authorize to LatinCredits to use Smartcredit and / or any other future digital / online credit platform and / or wholly owned subsidiaries of LatinCredits to periodically obtain and use consumer reports on me in order to provide me with: (1) access to my credit free score, including regular updates to my credit score; and (2) recommendations on financial products and services that may interest me, including credit cards, personal loans, home loans, and other financial products and services offered by LatinCredits partners or third-party providers. I hereby also authorize to LatinCredits to share my credit score with its wholly owned subsidiaries to allow its third party providers to express interest in future products and services.
c) Forums. LatinCredits may offer features that allow users to share content, comments, and opinions on Latino credit topics with other users in the Community Forum, as well as other user discussion forum platforms (collectively, the "Forum"). Your use of the Forum is governed by these Terms of Use as well as our Community Guidelines.
i) The content of the forum are the contributions of independent users not affiliated with LatinCredits, whose opinions are their own. LatinCredits does not guarantee the accuracy, completeness or quality of the opinions and advice published on the Forum. Your use of any user content provided on the Forum is at your own risk.
ii) LatinCredits may, but is not obliged to, monitor the content of the Forum and reserves the right to edit, correct or remove any content from the Forum for any reason in our sole discretion.
iii) You hereby grant LatinCredits a royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, modify, translate, transmit and distribute any content, information or material that you submit or post on the Forum , in any medium currently existing or developed in the future, for any purpose, including commercial uses.
iv) We may terminate a user's access or ability to use the Forum, immediately, without notice and in our sole discretion, if the user does not comply with the terms or conditions of the Terms of Use or the Community Guidelines.
3. Third party services.
a) Third Party Advice. Some of the Services you will receive involve third party advice and third party content. You agree that such advice and content is provided for informational, educational and entertainment purposes only, and does not constitute legal, financial, tax planning, medical or other advice from LatinCredits. You agree that LatinCredits is not responsible for any advice provided by third parties. You agree that you are responsible for your own financial investigations and financial decisions, and that LatinCredits is not responsible for any decision or action that you take or authorize third parties to take on your behalf based on the information you receive as a LatinCredits user.
b) Share information with third parties. In order to use some of the Third Party Services, you may need to provide information such as credit card numbers, bank account numbers, and other confidential financial information to third parties. By using the Third Party Services, you agree that LatinCredits may collect, store and transfer such information on your behalf and at your sole request. More information is available in our Privacy Policy. You agree that your decision to make any sensitive or confidential information available is your sole responsibility and at your own risk. LatinCredits has no control and makes no representations regarding the use or disclosure of the information provided to third parties. You agree that these third party services are not under the control of LatinCredits and that LatinCredits is not responsible for the use of your information by third parties.
c) LatinCredits does not endorse third parties. The Services may contain links to third party websites and services. LatinCredits provides such links for your convenience and does not control or endorse these websites and services. You acknowledge and agree that LatinCredits has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of such content, and will not be responsible, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of such third party websites or services.
4. Prohibited conduct. You accept not:
a) Use the Services for any illegal purpose or in violation of any local, state, national or international law;
b) Violate or encourage others to violate the rights of third parties, including intellectual property rights;
c) Post, upload or distribute any content that is illegal, defamatory, libelous, inaccurate or that a reasonable person may consider objectionable, profane, indecent, pornographic, harassing, threatening, hateful or otherwise inappropriate;
d) Interfere in any way with the security features of the Services;
e) Interfere with the operation or enjoyment of the Services by any user, including by uploading or spreading viruses, adware, spyware, worms or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users. or third parties without your consent;
f) Access, monitor or copy any content or information on the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without the express written permission of LatinCredits;
g) Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission or falsifying your identity or any information about you, including age or date of birth; or
h) Sell or transfer the access granted here.
5. Intellectual property and user content. The LatinCredits Services are protected by applicable copyright and other intellectual property laws, and no material from the Services may be copied, reproduced, republished, uploaded, published, transmitted or distributed in any way without our express permission. All trademarks and service marks on the Services belong to LatinCredits, except for third-party trademarks or service marks, which are the property of their respective owners. You represent and warrant that you own or have the right to use any content that you post on the Services. If you believe that your content has been used in a way that constitutes copyright infringement, you can contact:
LatinCredits, LLC
1390 Brickell Avenue, STE 200
Miami, FL 33131
Phone: 305-614-3060
Email: support@Latincredits.com
You must provide the following information: an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; Your address, telephone number and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the information above in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. LatinCredits has adopted and implements a policy that provides for the termination in appropriate circumstances of user accounts that repeatedly infringe the copyright or other intellectual property rights of LatinCredits or others.
6. Indemnification. You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify and hold LatinCredits harmless from and against any and all claims, liabilities, damages, losses and expenses (including attorney and accounting fees) . and costs), that arise from or are related in any way to (i) your access, use or presumed use of the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party rights, including, but not limited to, any intellectual property, publicity, confidentiality, proprietary or right to privacy rights; or (iv) any dispute or problem between you and a third party. LatinCredits reserves the right, at our own cost, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such event, you agree to cooperate with our defense of such claim.
7. Termination. If you violate these Terms, your permission to use the Services will automatically terminate. Furthermore, LatinCredits, in its sole discretion, may suspend or terminate your user account and / or suspend or cancel part or all of your access to the Services at any time, with or without prior notice. You can cancel your account at any time by contacting Customer Service at support@Latincredits.com. After your account is canceled, the information and content previously provided by you will no longer be accessible through your account, but LatinCredits may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred. through your use of the Services.
8. Modification of the Terms. LatinCredits reserves the right at any time to modify these Terms and impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately upon notification and will be incorporated into these Terms. We will use reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice on our website or sending an email to any address you have provided to us. Your continued use of the Services after notification will be deemed acceptance of any modifications to the Terms.
9. Disclaimers of Warranties. The Services are provided "as is" and "as available", without warranty or condition of any kind, either express or implied. Although LatinCredits seeks to maintain safe, accurate, and well-functioning services, we cannot guarantee continued operation or access to our Services, and on occasion there may be inadvertent technical or factual errors or inaccuracies.
a) No guarantees. LatinCredits specifically (but without limitation) disclaims (i) any implied warranty of merchantability, fitness for a particular purpose, silent enjoyment, or non-infringement; and (ii) any collateral arising from the course of trading, use, or trade. You assume all risk for any / all damages that may result from your use of or access to the Services. LatinCredits is not responsible for the loss, damage or unavailability of any information that you have made available through the Services, and you are solely responsible for ensuring that you have backup copies of any information that you have made available through of the Services.
b) No guarantee of accuracy. LatinCredits does not guarantee the accuracy and disclaims all responsibility for any errors or other inaccuracies in the information, content, recommendations and materials available through the Services.
c) Services provided for informational purposes. The information provided through the Services is provided for informational, educational or entertainment purposes only. LatinCredits and the Services are not endorsed by or affiliated with the Financial Regulatory Agency (FINRA), the Securities Exchange Commission (SEC) or any other financial regulatory agency in the United States of America or throughout the world. LatinCredits is not a financial institution or insurance provider and will never act, by definition, as a financial institution. LatinCredits makes no representations, warranties or warranties, express or implied, regarding the results or savings that may be obtained through the use of the Services. Before making any financial decisions or implementing any financial strategy, including the recommendations of third parties identified through the Services, LatinCredits recommends that you obtain additional information and advice from accountants or other financial advisers who are fully aware of your individual circumstances.
d) Lack of guarantees against third parties. LatinCredits makes no representations, warranties or warranties, express or implied, with respect to any third party service or advice provided by a third party, or any quote or offer provided through the Services. LatinCredits does not endorse any particular advisor or any other third party. LatinCredits acts solely as an intermediary between you and external service providers and expressly disclaims any responsibility for any content, product or service provided by such service providers. See Section 3, above, for more information on third parties and third party services.
10. Limitation of liability. In no event will LatinCredits be liable to you for any incidental, special, consequential, direct, indirect or punitive damages, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether LatinCredits or not. . has been informed of the possibility of such damages. Some jurisdictions do not allow disclaimer of warranties or limitation of liability in certain circumstances. As a result, some of the above limitations may not apply to you.
11. Government. These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles. Subject to the Arbitration Section, which states that disputes must be resolved through binding arbitration or small claims court, to the extent that any lawsuit or legal proceeding is permitted hereunder, you and LatinCredits agree to submit to the exclusive personal jurisdiction of state courts. and federal courts located within Miami-Dade County, Florida, for the purpose of litigating all such disputes. We operate the Services from our offices in Florida and do not warrant that the information and materials included in the Services are appropriate or available for use in other locations.
12. Dispute resolution through binding arbitration; Class Action Waiver. In order to resolve disputes between you and LatinCredits in the fastest and most cost-effective manner, you and LatinCredits agree to resolve disputes through binding arbitration or small claims court rather than in the courts of general jurisdiction ("Agreement arbitration "). Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator rather than a judge or jury, allows more limited discovery than in court, and is subject to very limited review by the courts. Arbitrators can award the same damages and reparations that a court can award. Any arbitration under these Terms will be conducted on an individual basis; Class arbitrations and class actions are not allowed. You acknowledge and agree that the arbitrator may award compensation (including monetary, court-ordered and declaratory compensation) only in favor of the individual party seeking compensation and only to the extent necessary to provide necessary compensation for that party's claims. individual part. Any relief granted cannot affect other users.
YOU UNDERSTAND THAT BY ACCEPTING THIS SETTLEMENT, YOU AND LATINCREDITS ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS LAWSUIT.
a) Claims that will be resolved by binding arbitration. You and LatinCredits agree to arbitrate all disputes and claims between us. This arbitration agreement is intended to be interpreted broadly. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether by contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose prior to this or any prior Term; claims that are currently the subject of alleged class action in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.
b) Exceptions. Notwithstanding Section 12 (A), you and LatinCredits agree that no statement contained in this document shall be deemed to waive, exclude or limit the right of either party to (i) initiate individual action in small claims court ; (ii) undertake enforcement actions through the corresponding federal, state, or local agencies when such actions are available; (iii) seek precautionary measures in any competent court of justice; or (iv) bring a lawsuit in a court of law to address claims of intellectual property infringement.
c) Referee. Any arbitration between you and LatinCredits will be governed by the American Arbitration Association ("AAA") Commercial Dispute Resolution Procedures and Supplemental Procedures for Consumer Related Disputes (collectively, "AAA Rules"), as modified by these Terms, and be administered by the AAA. The AAA Rules and submission forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or by contacting LatinCredits.
d) Notification and process. A party intending to seek arbitration must first send the other, by certified mail, a written Notice of Dispute ("Notice"). Notice to LatinCredits should be addressed to: LatinCredits, Inc., 1390 Brickell Avenue, STE 200, FL 33131 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) establish the specific relief requested ("Lawsuit"). If you and LatinCredits do not reach an agreement to resolve the claim within 30 days after receiving the Notice, you or LatinCredits may initiate an arbitration procedure.
e) Rates. In the event that you initiate the arbitration in accordance with these Terms, LatinCredits, upon your request, will reimburse you for the payment of the arbitration filing fee, unless your claim is greater than $ 10,000, in which case the payment of any rate will be decided by AAA Rules. Any request for payment of fees by LatinCredits should be mailed to AAA along with your Demand for Arbitration and LatinCredits will arrange to pay all necessary fees directly to AAA. In the event that the arbitrator determines that the claims that you assert in the arbitration are frivolous or presented for an improper purpose (according to the norms established in the Federal Rule of Civil Procedure 11 (b)), you agree to reimburse LatinCredits for all fees associated with the arbitration paid by LatinCredits on your behalf that you would otherwise be obligated to pay under AAA rules.
If your claim is for $ 10,000 or less, you can choose whether the arbitration will be conducted solely on the basis of the documents presented to the arbitrator, through a telephone hearing without an appearance or by an in-person hearing as established by the AAA . Rules. All in-person arbitration hearings will be held at an agreed upon location in Miami-Dade County, Florida. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision is based and the award, if applicable. The arbitrator may issue rulings and resolve disputes regarding the payment and reimbursement of fees or expenses at any time during the proceedings and at the request of either party within 14 days of the arbitrator's decision on the merits.
f) No collective actions. Unless both you and LatinCredits agree otherwise, the arbitrator may not consolidate the claims of more than one person and may not preside over any type of representative or collective proceeding.
YOU AND LATINCREDITS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLANTOR OR MEMBER OF THE COLLECTION IN ANY CLASS OR REPRESENTATIVE PROCEEDINGS.
g) Voluntary exclusion. If you are a new user of LatinCredits, you can choose to reject the arbitration agreement contained in this Section 12 ("Opt-out") by mailing us an opt-out notice ("Opt-out Notice"). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you first agree to these Terms. You must mail the Opt-Out Notice to the Notice Address listed in Section 12 (D) above.
The Opt-Out Notice must contain your name, address (including street address, city, state, and zip code), and the username and email address associated with the LatinCredits accounts that were opted out. applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way that you can choose not to participate in the Arbitration Agreement. If you choose not to participate in the Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on previous, other or future arbitration agreements that you may have with LatinCredits.
h) Modifications. If LatinCredits makes any future changes to this Arbitration Agreement (other than a change in the Notice Address), you can reject such change by sending us a written notice within 30 days of the change in the Notice Address provided above. . You acknowledge and agree that, should you reject any future changes, your account with LatinCredits will be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.
i) Severability and enforceability. If an arbitrator or court decides that any part of this Section 12 is invalid or unenforceable, the other parts of this Section 12 will still apply. If the entirety of this Section 12 is found to be unenforceable, the parties agree that the exclusive venue and jurisdiction described in Section 11 will govern any action arising out of or related to these Terms, and that the remainder of the Terms will continue. valid. request.
13. Modification of the Services. LatinCredits reserves the right to modify or interrupt, temporarily or permanently, some or all of the Services at any time without prior notice or additional obligation to you. You agree that LatinCredits will not be liable to you or to any third party for any modification, suspension or interruption of any of the Services.
14. General.
a) Entire Agreement. These Terms, together with the Privacy Policy, constitute the complete and exclusive understanding and agreement between you and LatinCredits regarding your use and access to the Services, and except in the cases expressly permitted above, they can only be amended by means of a written agreement. signed by authorized party representatives.
b) Without resignation. Failure to enforce any provision will not affect our right to enforce at any time thereafter, nor will a waiver of any breach or breach of the Terms constitute a waiver of any subsequent breach or breach or a waiver of the provision in Yes.
c) Paragraph headings. The use of paragraph headings in the Terms is for convenience only and will have no impact on the interpretation of particular provisions.
d) Severability. In the event that any part of the Terms is deemed invalid or unenforceable, the unenforceable part will enter into force to the fullest extent possible and the remaining parts will remain in full force and effect.
e) Membership conditions. In some cases, LatinCredits external partners require LatinCredits users to agree to be bound by some additional terms of use that are specific to particular products or services ("Partner Terms"). In the event of any conflict between the Partner Terms and the LatinCredits Terms of Use, the LatinCredits Terms of Use govern and control.
15. Notice to Florida Residents. Application authority for a specific industry; consumer in private action §501.203, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Florida Department of Consumer Affairs in writing to the FDACS-Division of Consumer Services PO Box 6700 Tallahassee, FL 32399- 6700, by phone to Consumer Services Director (850) 410-3800, 1-800-HELP-FLA (435-7352) 1-800-FL-AYUDA (352-9832) in Spanish (800) 952-5210 or by Email CSWebmaster@FDACS.gov in order to resolve a complaint about the service.
16. LatinCredits Customer Service. To contact us with questions or suggestions about the service, please email us at support@LatinCredits.com.